MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.
TOWN OF SOMERS
ZONING
COMMISSION
P. O. Box 308
Somers,
Connecticut 06071
ZONING
COMMISSION MINUTES
6/2/03;
7:30 p.m.
I. CALL TO ORDER:
Chairman
Peter Klein is recovering from heart surgery.
The Commission members all expressed their concern and wished Peter a
speedy and complete recovery.
Vice-Chairman Lise Wood called the meeting to order
at 7:37 p.m. Members present were: Lise Wood; George Sulikowski; Rob Martin and
Marie Burnette. Alternates present
were: Jill Conklin and Roy Slater. Roy Slater was seated for Peter Klein. Also in attendance was Town Planner Patrice
Carson.
II. MINUTES APPROVAL: May
19, 2003
A
change was made on Page 1, last paragraph:
Remove "$35,200" and change to "$34,200".
Roy Slater made a motion to approve the 5/19/03
minutes, as amended. This motion was
seconded by Marie Burnette and unanimously approved by the Commission.
III. OLD BUSINESS:
a. Special
Use Permit Application for Gravel Bank, Egypt Road, Charter
b. Special Use Permit Application for
Gravel Bank, South Road, Pleasant View Farms Realty
Patrice Carson reported that the
only complete gravel bank applications that have been received were from
Charter, Pleasant View and Bordeaux.
The Lloyd and Wood gravel banks are still missing their updated plan of
operation.
Patrice suggested canceling the next Zoning meeting
on 6/16/03 and schedule a Special Zoning meeting on 6/30/03 for a public
hearing on all the gravel bank applications.
This will give extra time for the two remaining gravel banks to receive
their updated plans. The Planning
Commission meets 6/12/03 and hopefully can make their recommendation on all the
gravel bank applications at that meeting.
If nothing important comes up for Zoning Commission
consideration, then the scheduled 6/16/03 meeting will be canceled.
Marie Burnette made a motion to schedule a Special
Zoning Meeting for 6/30/03 beginning at 7:00 p.m. in order to have a public
hearing for all the gravel bank applications.
This motion was seconded by Roy Slater and unanimously approved by the
Commission.
Roy Slater made a motion to add the following item
to the agenda under Old Business; seconded by George Sulikowski and unanimously
approved by the Commission.
c. Review
of Proposed Amendments to the Zoning Regulations:
Patrice gave copies of the proposed amendments to the Zoning Regulations to the Commissioners. Consideration of these amendments will be added to the public hearing scheduled for 6/30/03. The following amendments were discussed.
Ridge Line Regulation:
It is proposed to remove this regulation because it
is unenforceable. Currently, there is
no map available that shows the ridgeline and hillside properties.
Roy Slater asked if there could be an overlay on the
GIS system so the ridgeline properties could be located and reviewed.
George Sulikowski asked what is the reason for a
ridgeline regulation - to intimidate property owners?
Patrice Carson said this was not the intention. There is only a very specific area where
homes could affect the ridgeline. The
idea was not to break the ridgeline with visible houses or clear cutting the
top of a ridgeline. It was suggested to
make the homes inconspicuous by painting them darker colors to blend in with
the foliage and not to take all the trees down around a ridgeline house.
Rob Martin said a topographic map is needed to show
the elevations.
Patrice said basically the ridgeline covers the
north side of Root Road, down Mountain Road and several other areas in Town.
Farm Workers Housing:
The proposed amendment is an addition under Item B which states "Applicable acreage must be within the Town of Somers."
Buffers and Screening:
This regulation was being interpreted incorrectly under Type C screening for industrial properties. The requirement for a 25-foot landscaped buffer strip can be part of the side or rear yard requirement.
Kennels:
New language was added to clear up the definition. Hobby kennels are allowed - such as breeding dogs for show or sale. However, commercial boarding kennels are not allowed.
Expiration of Zoning Permit
and Special Use Permit:
Due to recent case law, Special Use Permits stay with the property - the same as variances. The Zoning Commission can attach a condition onto a Special Use Permit. If you sell your house with a home occupation, then it comes with the property. This applies to everything but gravel banks. Therefore, the words "or shall expire upon transfer of the property" should be removed from the regulation.
ZBA GRANTING A ZONING
VARIANCE:
To clear up any confusion about the ZBA not being able to grant use variances, the following sentence should be added to this regulation: "No variance shall be permitted for the establishment or expansion of any use which is not otherwise permitted in the zone". The following words will be removed: "establishment or expansion of a use otherwise prohibited shall not be allowed by variance".
Temporary Uses:
Remove item (4) from Special Use Permits that
require a public hearing. Add the
following language under the Permitted Accessory Uses Table "Mobile homes
for emergency housing for up to six months following a natural disaster or
equally similar occurrence". This
will allow the Staff to handle emergency housing without a public hearing. This six month period could be extended, if
necessary. Construction project
trailers will still require a Special Use Permit. The Commission felt that Item (1) should be the same as Item (4).
Roy Slater made a motion to add the (7) proposed
amendments to the Zoning Regulations to the public hearing agenda for 6/30/03 -
following the discussion on the gravel banks.
This motion was seconded by Marie Burnette and unanimously approved by
the Commission.
IV. NEW BUSINESS:
a. Special
Use Permit Application for Gravel Bank, South Road, Bordeaux
Marie Burnette made a motion to accept Bordeaux' Special Use Permit Application for a gravel bank on South Road, refer it to the Planning Commission for their recommendation and schedule it for the public hearing on 6/30/03. This motion was seconded by Roy Slater and unanimously approved by the Commission.
b. Special
Use Permit Application for Gravel Bank, Battle Street, Lloyd
Marie
Burnette made a motion to accept Lloyd's Special Use Permit Application for a
gravel bank on Battle Street, refer it to the Planning Commission for their
recommendation and schedule it for the public hearing on 6/30/03. This motion was seconded by Roy Slater and
unanimously approved by the Commission.
c. Special Use Permit Application for
Gravel Bank, Stafford/Root/Wood Roads Wood Gravel Operation LLC
Lise
Wood recused herself from discussion of this item only. Jill Conklin was seated in her place for
this item only.
Roy Slater made a motion to accept Wood's Special
Use Permit Application for a gravel bank on Stafford/Root/Wood Roads, refer it
to the Planning Commission for their recommendation and schedule it for the
public hearing on 6/30/03. This motion
was seconded by Rob Martin and unanimously approved by the Commission.
V. STAFF/COMMISSIONER REPORTS:
The
Commission reviewed ZEO Jim Taylor's report for the weeks of 5/18/03 through
5/25/03 (attached).
Marie Burnette made a motion to accept Jim Taylor's
report; seconded by Rob Martin and unanimously approved by the Commission.
Patrice Carson said there will be a Walkability
Workshop sponsored by CRCOG and the Town and held in the Town Hall Auditorium
on June 9, 2003 from 12:30 until 5:00 p.m.
Renowned speakers Dan Burden and Sue Newberry will talk about ways to
make Somers Center more pedestrian friendly.
The DOT will also be represented - as well as most
of the major commissions and committee groups in Town. A meeting will be held first and then the
people will take a site walk of the center of Town.
Patrice said that she and Jim Taylor have talked
recently about the ZEO's responsibility to receive and investigate complaints
from citizens involving Zoning issues.
These complaints should not come to the Zoning Commission but should be
received and reviewed by the ZEO. If
the citizen does not like the ZEO's decision, then a citizen can appeal it to
the ZBA. If any of the Commissioners
have noted a zoning problem, they should discuss this problem directly with the
ZEO and not the Zoning Commission. The
regulations spell out that the ZEO is the enforcement agent - not the Zoning
Commission.
VI. AUDIENCE COMMENTS: There
were none.
VII. CORRESPONDENCE AND BILLS:
Two
bills from the Journal Inquirer - for 3/31 and 4/21/03 notices - each in the
amount of $47.22.
Rob Martin made a motion to approve payment of the
bills; seconded by Marie Burnette and unanimously approved by the Commission.
VIII. ADJOURNMENT:
Roy Slater made a motion to adjourn; seconded by Marie Burnette and unanimously approved by the Commission. The meeting adjourned at 8:20 p.m.
Respectfully
submitted,
Marie
Burnette, Secretary
Connie
Carenzo, Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.
Town of Somers Zoning Enforcement Officer
For the Zoning Commission Meeting of June 2, 2003
Covering the Weeks
of 5/18/03 Thru 5/25/03
Activities listed by Address
Zoning Permits issued ------8 Certificates of Occupancy issued----2
Enforcement activity:
1. 24 Hall Hill Rd., S. Meyer. Tree replacement in process.
2. 48 South Rd. Southfield Corner, Outdoor Lighting C&D Order was issued on April 21, 2003. No response as of May 15,
7. Worthington Pond. Met with Dan Roulier on May 13, 2003 and inspected the property. There are four small Utility buildings/Animal Shelters that require Zoning Permits. Two other very small portable tool sheds will not require Zoning Permits. .Dan Roulier has agreed to obtain the four subject permits and to also install a new Main Gate at the entrance to the property. Permits currently in the approval process.
Note: Attached to the chairman’s copy of this report are copies of the 8 signed zoning permits and 2 C.O.’s
Respectfully submitted:
Jim Taylor, ZEO